LAS VEGAS (KTNV) — Defense attorneys have filed a motion to dismiss the case against a man accused of shooting and killing a Las Vegas police officer.
Officer Truong Thai was responding to a domestic violence call in October 2022 when he encountered Tyson Hampton, who is accused of shooting and critically wounding him. Thai later died at Sunrise Hospital.
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Hampton is facing nearly 30 charges, including murder with use of a deadly weapon, attempted murder, assault, and battery.
He has been in and out of court for years while the court works to determine his mental competency.
Hampton's legal team has told the court several times that they are concerned about his "severe and untreated mental health history." At one point, attorneys said Hampton was not showering, grooming, hadn't changed his clothes in months, and didn't do much else but sleep.
"He does not offer any information at all unless directly asked, at which times his answers are vague and he will only motion or whisper," court documents from 2024 state in part. "He has been increasingly exhibiting paranoid and [bizarre] behavior."
Now, Hampton's legal team says his untreated mental health conditions are the reason his case should be dismissed.
You can read the defense team's full motion here:
According to Hampton's attorneys, "relevant case law and this jurisdiction's own standards require prompt restorative treatment within seven days to conform with constitutional mandates and not offend human dignity." However, they claim Hampton has had to wait months for mental health treatment. Defense attorneys state the court found Hampton incompetent on Jan. 24, 2024, and that he wasn't transferred and admitted into Stein Hospital until May 2, 2024.
In a separate incident on March 5, the defense attorneys stated the court ordered Hampton re-committed. His attorneys claim that has not happened and that Hampton is still jailed at the Henderson Detention Center.
"Hampton has severely deteriorated," new court documents state. "He has refused all family visits, and the recent legal visits have left his team very concerned."
Between the two incidents, Hampton's legal team states he has waited for almost six months to get treatment.
Prosecutors are arguing against the defense team's timeline.
They argue Hampton was sent to Stein Hospital for treatment on Jan. 24, 2024 and re-committed on Aug. 2, 2024.
Around Feb. 18, prosecutors state Hampton was returned to the Henderson Detention Center after two doctors found him competent and a third stated he had possible schizophrenia in partial remission. They further argue that Hampton's mental state has since been reevaluated, and that he was transferred to a hospital for treatment as recently as May 8.
Prosecutors write that, while no one disputes there are delays in mental health treatment, the situation is "akin to punishing an airline for delays caused by an overcrowded airport."
In their filing, prosecutors also argued that the only people who would benefit from Hampton's release are his defense team.
"Many crimes can be viewed as opportunities to get the accused's life back-on-track and prevent future criminality," court documents read in part. "[There] are opportunities that [can be] squandered when the Court dismisses a case for mentally ill only because there is a waiting list for treatment."
Read the prosecution's full filing here:
Hampton has pleaded not guilty to the 28 charges he is facing. According to court records, the motion to dismiss is set to be heard at 10 a.m. on July 11.
